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ARCHIVED - Decision CRTC 2000-215

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The Commission approves the application to replace AM station CJVI Victoria with a new, English-language FM station. As proposed, the new FM undertaking will operate on the frequency 103.1 MHz, channel 276B, with an effective radiated power of 9,400 watts.

2.

Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2006. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

Background

3.

In Decision CRTC 99-480 dated 28 October 1998, the Commission approved three applications for new FM stations on Vancouver Island, including a proposal by Seacoast Communications Group Incorporated for a new FM station at Victoria operating on the frequency 107.3 MHz. The Commission denied an application by Rogers to move CJVI to the FM band because the licensee had proposed to use the same frequency as Seacoast. However, the Commission noted that there were many positive aspects to Rogers' application and that the market could support the proposed FM station as well as the other stations approved in that decision. The Commission also stated that it would be "open to Rogers to refile its application on the basis of a different frequency."

4.

Subsequently, Rogers and CKMO Radio Society (CKMO Radio) agreed that, subject to Commission approval, they would exchange the frequencies currently used by CJVI and CKMO-FM Victoria. At present, CJVI operates on the frequency 900 kHz, while CKMO-FM operates on the frequency 103.1 MHz. As noted earlier, Rogers will carry on its new FM station on the frequency 103.1 MHz. CKMO Radio will replace CKMO-FM with a new AM instructional campus radio station operating on the frequency 900 kHz (see Decision CRTC 2000-214 also released today).

The new FM station

5.

Rogers' new FM station will offer a gold-based adult contemporary music service targeted to listeners 45 years and older. According to Rogers, the station will be distinctive from other Victoria commercial stations because it will provide more news and information programming than is generally offered on FM stations. Each weekday morning between 6 a.m. and 9 a.m., the station will air 30 minutes of information programming, including news, weather, traffic and ferry information as well as sports, business and entertainment features. It will broadcast an half-hour magazine program each weekday at noon with major news programs at 5 p.m. and 6 p.m., and shorter newscasts throughout the day.

Canadian talent development

6.

Rogers will not participate in the Canadian talent development plan established by the Canadian Association of Broadcasters for expenditures to be allocated to third parties. Instead, the licensee is required, by condition of licence, to devote a minimum of $1.6 million over seven years in direct contributions to the development of Canadian talent development.

7.

Of this amount, Rogers will contribute $1 million to FACTOR, paid in yearly instalments, to support recordings of Canadian musical artists suitable for play on radio stations that offer an adult contemporary music format. Rogers will also allocate $250,000 in yearly installements to the Victoria Symphony Orchestra.

8.

In its application, Rogers also proposed to allocate $350,000 to the CKMO Radio Society for scholarships and training for students of Camosun College's Applied Communications Program. A portion of this amount would have also been directed to production of new programming for broadcast on the station. Rogers further committed to spend $400,000 to operate and maintain the station's 900 kHz transmission facilities on behalf of CKMO Radio. The licensee proposed to disperse these expenditures over ten years.

9.

The Commission, however, does not accept these projects as eligible expenditures for the purpose of Canadian talent development. It expects Rogers to redirect $350,000 in direct expenditures, over seven years, or $50,000 a year, towards eligible Canadian talent development initiatives such as those outlined in Appendix 1 of Public Notice CRTC 1990-111. Accordingly, the Commission expects the licensee to submit, within three months of the date of this decision, a report outlining its revised plans for the support, development and on-air exposure of local and regional talent, including direct expenditures.

10.

The Commission notes that Rogers has made an agreement with CKMO Radio to operate and maintain the 900 kHz transmitting facilities. Accordingly, while the Commission does not accept this initiative as an eligible expenditure on Canadian talent development, the Commission nevertheless expects Rogers to fulfil this $400,000 commitment.

Other matters

11.

The Commission acknowledges the intervention submitted in support of this application.

12.

The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada.

13.

The licence will only be issued and effective when the new station is ready to begin operation. When the licensee has completed construction and is prepared to commence operation, it must advise the Commission in writing. If the station is not constructed and ready to operate within 12 months of today’s date, extensions to this time frame may be granted provided that the licensee applies in writing to the Commission before the 12-month period or any extension of that period expires.

14.

The Department of Industry has advised the Commission that this application is conditionally technically acceptable. The Department will only issue a broadcasting certificate once it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

15.

In accordance with section 22(1) of the Broadcasting Act, the Commission will only issue the licence and grant the authority to operate when it receives notification from the Department of Industry that its technical requirements have been met, and that a broadcasting certificate will be issued.

Related CRTC document

• Public Notice CRTC 1999-137 – New licence form for commercial radio stations

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca